Rule 606. Juror’s Competency as a
Witness
(a) At
the Trial. A juror
may not testify as a witness before the other jurors at the trial. If a juror
is called to testify, the court must give a party an opportunity to object
outside the jury’s presence.
(b) During
an Inquiry into the Validity of a Verdict or Indictment.
(1) Prohibited
Testimony or Other Evidence.
During an inquiry into the validity of a verdict or indictment, a juror may not
testify about any statement made or incident that occurred during the jury’s
deliberations; the effect of anything on that juror’s or another juror’s vote;
or any juror’s mental processes concerning the verdict or indictment. The court
may not receive a juror’s affidavit or evidence of a juror’s statement on these
matters.
(2) Exceptions. A juror may testify about whether:
(A) extraneous
prejudicial information was improperly brought to the jury’s attention; or
(B) an
outside influence was improperly brought to bear on any juror.
2011
Advisory Committee Note. –
The language of this rule has been amended as part of the restyling of the
Evidence Rules to make them more easily understood and to make style and
terminology consistent throughout the rules. These changes are intended to be
stylistic only. There is no intent to change any result in any ruling on
evidence admissibility.
ADVISORY COMMITTEE
NOTE
This rule is
the federal rule, verbatim, and comports with Rules 41 and 44, Utah Rules of
Evidence (1971), and Utah case law, State v. Gee, 28 Utah 2d 96, 498 P.2d 662
(1972).